Voglio sapere a riguardo di…

30118

Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules
but also with those from other fisheries science centers and institutions with similar experience.
NEFSC would also continue utilizing the formalized marine mammal training program required for all NEFSC research projects and for all crew members that may be posted on monitoring duty or handle incidentally caught marine mammals. Training programs would be conducted on a regular basis and would include topics such as monitoring and sighting protocols, species identification, decision-making factors for avoiding take, procedures for handling and documenting marine mammals caught in research gear, and reporting requirements. The Observer Program currently provides protected species training and other types of training for NMFS-certified observers placed on board commercial fishing vessels. NEFSC Chief Scientists and appropriate members of NEFSC research crews will be trained using similar monitoring, data collection, and reporting protocols for marine mammal as is required by the Observer Program.
All NEFSC research crew members that may be assigned to monitor for the presence of marine mammals during future surveys will be required to attend an initial training course and refresher courses annually or as necessary. The implementation of this training program would formalize and standardize the information provided to all research crew that might experience marine mammal interactions during research activities.
For all NEFSC research projects and vessels, written cruise instructions and protocols for avoiding adverse interactions with marine mammals will be reviewed and, if found insufficient, made fully consistent with the Observer Program training materials and any guidance on decision-making that arises out of the two training opportunities described above. In addition, informational placards and reporting procedures will be reviewed and updated as necessary for consistency and accuracy. All NEFSC research cruises already include pre-sail review of marine mammal protocols for affected crew but NEFSC will also review its briefing instructions for consistency and accuracy.
NEFSC will continue to coordinate with the Greater Atlantic Regional Fisheries Office GARFO, NEFSC
fishery scientists, NOAA research vessel personnel, and other NMFS staff as appropriate to review data collection, marine mammal interactions, and refine data collection and mitigation protocols, as required. NEFSC will also coordinate with NMFS Office of Science and
VerDate Sep<11>2014

17:49 Jun 03, 2021

Jkt 253001

Technology to ensure training and guidance related to handling procedures and data collection is consistent with other fishery science centers, where appropriate.
Reporting NMFS has established a formal incidental take reporting system, the Protected Species Incidental Take PSIT database, requiring that incidental takes of protected species be reported within 48 hours of the occurrence. The PSIT generates automated messages to NMFS
leadership and other relevant staff, alerting them to the event and to the fact that updated information describing the circumstances of the event has been inputted to the database. The PSIT and CS reports represent not only valuable real-time reporting and information dissemination tools but also serve as an archive of information that may be mined in the future to study why takes occur by species, gear, region, etc. The NEFSC is required to report all takes of protected species, including marine mammals, to this database within 48
hours of the occurrence and following standard protocol.
In the unanticipated event that NEFSC fisheries research activities clearly cause the take of a marine mammal in a prohibited manner, NEFSC personnel engaged in the research activity must immediately cease such activity until such time as an appropriate decision regarding activity continuation can be made by the NEFSC
Director or designee. The incident must be reported immediately to OPR
and the NMFS GARFO. OPR will review the circumstances of the prohibited take and work with NEFSC to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA
compliance. The immediate decision made by NEFSC regarding continuation of the specified activity is subject to OPR concurrence. The report must include the following information:
i Time, date, and location latitude/
longitude of the incident;
ii Description of the incident including, but not limited to, monitoring prior to and occurring at time of the incident;
iii Environmental conditions e.g., wind speed and direction, Beaufort sea state, cloud cover, visibility;
iv Description of all marine mammal observations in the 24 hours preceding the incident;
v Species identification or description of the animals involved;
vi Status of all sound source use in the 24 hours preceding the incident;

PO 00000

Frm 00040

Fmt 4701

Sfmt 4702

vii Water depth;
viii Fate of the animals e.g. dead, injured but alive, injured and moving, blood or tissue observed in the water, status unknown, disappeared, etc.; and ix Photographs or video footage of the animals.
In the event that NEFSC discovers an injured or dead marine mammal and determines that the cause of the injury or death is unknown and the death is relatively recent e.g., in less than a moderate state of decomposition, NEFSC must immediately report the incident to OPR and the NMFS GARFO.
The report must include the information identified above. Activities may continue while OPR reviews the circumstances of the incident. OPR will work with NEFSC to determine whether additional mitigation measures or modifications to the activities are appropriate.
In the event that NEFSC discovers an injured or dead marine mammal and determines that the injury or death is not associated with or related to NEFSC
fisheries research activities e.g., previously wounded animal, carcass with moderate to advanced decomposition, scavenger damage, NEFSC must report the incident to OPR
and GARFO, NMFS, within 24 hours of the discovery. NEFSC must provide photographs or video footage or other documentation of the stranded animal sighting to OPR.
In the event of a ship strike of a marine mammal by any NEFSC or partner vessel involved in the activities covered by the authorization, NEFSC or partner must immediately report the information described above, as well as the following additional information:
i Vessels speed during and leading up to the incident;
ii Vessels course/heading and what operations were being conducted;, iii Status of all sound sources in use;
iv Description of avoidance measures/requirements that were in place at the time of the strike and what additional measures were taken, if any, to avoid strike;
v Estimated size and length of animal that was struck; and vi Description of the behavior of the marine mammal immediately preceding and following the strike.
NEFSC will also collect and report all necessary data, to the extent practicable given the primacy of human safety and the well-being of captured or entangled marine mammals, to facilitate serious injury SI determinations for marine mammals that are released alive. NEFSC
will require that the CS complete data forms and address supplemental questions, both of which have been
E:FRFM04JNP2.SGM

04JNP2